Human Dignity and the Foundations of International Law
eBook - PDF

Human Dignity and the Foundations of International Law

  1. 306 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Human Dignity and the Foundations of International Law

About this book

International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions.

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Yes, you can access Human Dignity and the Foundations of International Law by Patrick Capps in PDF and/or ePUB format, as well as other popular books in Law & International Law. We have over one million books available in our catalogue for you to explore.

Information

Year
2009
Print ISBN
9781849460897
eBook ISBN
9781847315120
Edition
1
Topic
Law
Index
Law

Table of contents

  1. Prelims
  2. Acknowledgements
  3. Contents
  4. Introduction
  5. 1 Philosophical Problems for International Lawyers
  6. 2 The Methodological Problem
  7. 3 The Conceptual Analysis of International Law
  8. 4 Focal Analysis and Ideal-Types
  9. 5 Practical Reasonableness and Human Dignity
  10. 6 The Logic of the Autonomy Thesis
  11. 7 Law as a General Concept
  12. 8 The Foundations of the International Legal Order
  13. 9 The Discontinuity Thesis
  14. 10 International Legal Order in Ideal and Non-ideal Theory
  15. Conclusion
  16. Bibliography
  17. Index